Register a Company or Firm In India – (Complete Procedure to register a Business – Pvt Ltd, LLP, OPC & MSME)

Registering a company or firm in India is a crucial step for any entrepreneur who wants to establish a legitimate and recognized business in the country. India offers various business structures for entrepreneurs to choose from, including sole proprietorship, partnership, limited liability partnership (LLP), private limited company, and public limited company. However, registering a company or firm in India involves several steps and procedures that need to be followed carefully to ensure legal compliance and credibility.

The first step in registering a company or firm in India is to choose a suitable business structure. The chosen structure will have significant implications on the legal and tax liabilities of the company or firm. Once the business structure is decided, the entrepreneur needs to obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for the directors of the company. These certificates are required for filing the registration documents with the Registrar of Companies (RoC).

The next step is to obtain a name for the company or firm and check its availability with the RoC. Once the name is approved, the entrepreneur needs to file the registration documents with the RoC, which includes the Memorandum of Association (MoA) and Articles of Association (AoA). The MoA outlines the objectives, powers, and scope of the company, while the AoA outlines the rules and regulations for its internal management.

After the registration documents are filed, the RoC will issue a Certificate of Incorporation, which certifies that the company or firm is now legally registered. The entrepreneur then needs to obtain the Permanent Account Number (PAN) and Tax Account Number (TAN) for the business and register for Goods and Services Tax (GST) if applicable.

In conclusion, registering a company or firm in India is a critical step for entrepreneurs who want to establish a legitimate and recognized business in the country. The process involves choosing a suitable business structure, obtaining digital certificates, obtaining a name, filing registration documents, obtaining legal certificates, and registering for tax and other legal requirements. By following these steps, entrepreneurs can ensure legal compliance, credibility, and protection for their businesses in India.

How to Register a company in India

1 .  LLP (Limited Liability Partnership)

1. Obtain a Digital Signature Certificate (DSC) and Designated Partner Identification Number (DPIN): The first step is to obtain a digital signature certificate and designated partner identification number for all partners.
2. Name reservation: The next step is to reserve a name for the LLP by filing Form-1 with the Registrar of Companies (ROC). The name should not be similar or identical to any other company or LLP already registered.
3. File incorporation documents: Once the name is approved, file the incorporation documents such as Form-2, Form-3 and Form-4 with the ROC within 60 days of name approval. These forms include details such as the LLP agreement, partners’ details, and registered office address.
4. Obtain Certificate of Incorporation: After submitting the forms and necessary documents, the Registrar will verify the application, and upon approval, will issue a Certificate of Incorporation.
5. Obtain PAN and TAN: After obtaining the Certificate of Incorporation, you need to apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the LLP.
6. Register for GST: If your LLP is going to engage in any business activities that require Goods and Services Tax (GST) registration, you need to apply for a GST registration.

2. Private Limited Company 

1. Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN): The first step is to obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for all directors.
2. Name Reservation: Once you have obtained the DSC and DIN, the next step is to reserve a name for the company. You can do this by filing Form SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) with the Ministry of Corporate Affairs (MCA). You can propose up to 6 names and the MCA will approve a name that is unique and not similar to any other company name.
3. Drafting of Memorandum of Association (MoA) and Articles of Association (AoA): Once the name is approved, the next step is to draft the Memorandum of Association (MoA) and Articles of Association (AoA) of the company. The MoA defines the objectives and scope of the company, while the AoA lays down the rules and regulations of the company.
4. Filing of SPICe+ form: After the MoA and AoA are drafted, the next step is to file the SPICe+ form along with the necessary documents, including a declaration by a professional certifying that all the requirements of the Companies Act, 2013 have been complied with.
5. Obtain Certificate of Incorporation: Once the Registrar of Companies (ROC) approves the SPICe+ form, you will receive a Certificate of Incorporation. This marks the official birth of your company.
6. Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN): After obtaining the Certificate of Incorporation, you need to apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the company.
7. Register for Goods and Services Tax (GST): If your company is going to engage in any business activities that require Goods and Services Tax (GST) registration, you need to apply for a GST registration.

3. One Person Company (OPC)

1. Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN): The first step is to obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for the sole member of the OPC.
2. Name reservation: Once you have obtained the DSC and DIN, the next step is to reserve a name for the OPC by filing Form SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) with the Ministry of Corporate Affairs (MCA). You can propose up to 6 names and the MCA will approve a name that is unique and not similar to any other company name.
3. Drafting of Memorandum of Association (MoA) and Articles of Association (AoA): Once the name is approved, the next step is to draft the Memorandum of Association (MoA) and Articles of Association (AoA) of the OPC. The MoA defines the objectives and scope of the company, while the AoA lays down the rules and regulations of the company.
4. Filing of SPICe+ form: After the MoA and AoA are drafted, the next step is to file the SPICe+ form along with the necessary documents, including a declaration by the sole member certifying that he or she is the only member of the company.
5. Obtain Certificate of Incorporation: Once the Registrar of Companies (ROC) approves the SPICe+ form, you will receive a Certificate of Incorporation. This marks the official birth of your OPC.
6. Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN): After obtaining the Certificate of Incorporation, you need to apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the OPC.
7. Register for Goods and Services Tax (GST): If your OPC is going to engage in any business activities that require Goods and Services Tax (GST) registration, you need to apply for a GST registration.

4 . MSME

1. Visit the Udyog Aadhaar registration portal: The first step is to visit the Udyog Aadhaar registration portal at https://udyogaadhaar.gov.in/UA/UAM_Registration.aspx.
2. Fill in the required information: On the registration page, you need to provide information such as your Aadhaar number, name, gender, social category, and disability status (if applicable). You also need to provide details of your enterprise such as name, address, type of organization, date of commencement, bank details, and activity of the enterprise.
3. Self-certify: After filling in the information, you need to self-certify that the information provided is correct.
4. Submit the form: After self-certifying, submit the form.
5. Obtain Udyog Aadhaar Number (UAN): Once the form is submitted, you will receive an OTP (One-Time Password) on your registered mobile number for verification. After verification, you will receive your Udyog Aadhaar Number (UAN) on your registered mobile number and email ID.